Clarke County voters fill out forms while waiting to vote at the Athens-Clarke County Board of Elections office on Tuesday, May 19, 2020. (Photo/Taylor Gerlach)

Athens-Clarke County’s Attorney’s Office and Board of Elections concluded that all votes cast for Jerry NeSmith in the June 9 primary will not be counted, according to a June 12 press release. 

Georgia’s official code states that “in primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted.”

Nesmith died at his home on June 7, just two days before the election. 

The Attorney’s Office said a special election would be held on Nov. 3 to fill the remainder of the current term, from after the election until the swearing-in of the new commissioner in January 2021.

The Georgia General Assembly has ruled that there can be a substitute nomination for partisan elections in which the candidate dies or withdraws. It has not specified what to do for local nonpartisan elections, such as the race for District 6 commissioner. 

The Board of Elections will meet on June 18 to validate the election results. 

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